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Full-Text Articles in Law
Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best
Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best
Northern Illinois University Law Review
This Comment avers that sexual favoritism is a form of "sex-plus" discrimination. Traditionally, sexual favoritism has been argued as being a form of sexual harassment. Therefore, in order to be successful in a claim for sexual favoritism, a plaintiff must prove sexual harassment. The courts' treatment of sexual favoritism as sexual harassment is problematic for two reasons. First, placing the burden of proof needed for sexual harassment--i.e., proof that the defendant has created a hostile work environment--on plaintiffs injured by sexual favoritism is excessively high. Secondly, because there is no claim under the theory of sexual harassment for instances of …
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Northern Illinois University Law Review
The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.
Sexual Harassment Of Working Women: The Eeoc Guidelines-Panacea Or Placebo?, Barbara West
Sexual Harassment Of Working Women: The Eeoc Guidelines-Panacea Or Placebo?, Barbara West
Northern Illinois University Law Review
This comment presents a discussion of the law of sexual harassment of working women, focusing on case law, the content of the guidelines issued by the EEOC, and how these guidelines may affect future litigation.